Ohio law prohibits school employees who are persons in authority, like teachers, from engaging in sexual conduct with students. A bill proposed in the House would broaden that ban.File photo

COLUMBUS, Ohio - A bill in the Ohio House would expand the prohibition on school employees from engaging in sexual activity with students.

The change to state law, proposed by Republican Rep Christina Hagan of Alliance, was prompted by a case in which prosecutors were able to prosecute a cafeteria worker for sending nude pictures of herself to students, but were not able to prosecute for sexual activity she had with students who were above the age of consent.

Current state law prohibits employees who are considered a person in authority, such as a teacher, from engaging in sexual activity. But that prohibition does not extend to some other employees, such as cafeteria workers or janitors.

Hagan’s legislation would broaden the prohibition to all school employees.

The legislation was prompted by a case from Stark County in which a cafeteria worker engaged in sexual activity with some students who were above the age of consent, which in Ohio is 16 years old.

Had she been a teacher, that conduct would have been criminal activity. But since she was not a “person in authority,” prosecutors could not charge her for the sexual conduct.

She was charged and convicted of sending nude pictures of herself to the students, who were minors. She was sentenced to 22 months and was granted early release from jail earlier this year.

“Taxpayers and students, alike, deserve peace of mind when thinking about the safety of sending their children to school,” Hagan said. “I want to ensure that such disturbing actions are not deemed acceptable in our classrooms.”

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